Domestic abuse is not only physical. Under the Domestic Abuse Act 2021 it includes controlling and coercive behaviour, economic abuse, threats, stalking and psychological harm. The law recognises all of it.
Protective orders you can apply for
- Non-molestation order - stops your abuser using or threatening violence, harassing or contacting you. Breach is a criminal offence.
- Occupation order - regulates who lives in the family home and can require your abuser to leave, even if the home is in their name.
- Prohibited Steps Order - stops a parent taking specific actions in relation to a child (e.g. removing them from school or the country).
How to apply
- Apply to the Family Court using Form FL401. Legal aid is available for domestic abuse cases regardless of the usual means test in many circumstances.
- You can apply without notice (ex parte) in urgent cases so your abuser isn't warned.
- The court can grant an emergency order the same day, followed by a full hearing within days.
What this means for the divorce
- You are exempt from the requirement to attend a Mediation Information & Assessment Meeting (MIAM).
- The court can keep your address confidential.
- You do not need your abuser's cooperation - a sole application is normal and safe.
- Financial disclosure can be handled through solicitors so you don't have to deal directly.
This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.